Question 1

What is the implied warranty of habitability in Florida?

Accepted Answer

The implied warranty of habitability is a legal doctrine that requires newly constructed homes in Florida to be free from material defects that render the home unsuitable for occupancy. Unlike many other states, Florida applies this warranty primarily to new construction rather than to landlord-tenant relationships (Florida does not recognize an implied warranty of habitability in residential leases under common law, though statutory protections exist under Section 83.51). For new homes, the warranty guarantees that the builder has used adequate materials, followed proper construction methods, complied with the building code, and delivered a home that is structurally sound and fit for residential use.

Question 2

Does the implied warranty of habitability apply to used homes in Florida?

Accepted Answer

No. Florida’s implied warranty of habitability applies to new construction, not resale homes. When purchasing a used home, the buyer generally takes the property "as-is" unless the seller provides express warranties or the contract includes specific representations. However, there are exceptions: if the used home was recently constructed and the original builder’s implied warranty has not expired, a subsequent purchaser may have standing to enforce the warranty against the builder under Florida case law. Additionally, sellers must disclose known material defects under the Johnson v. Davis doctrine (1985), which requires disclosure of facts materially affecting the property’s value that are not readily observable.

Question 3

Can a Florida builder disclaim the implied warranty of habitability?

Accepted Answer

Florida builders cannot fully disclaim the implied warranty of habitability in a residential consumer transaction. However, builders can define the scope and duration of express warranties that supplement the implied warranty. Many builders provide a written limited warranty (e.g., one year on workmanship, two years on mechanical systems, ten years on structural components) and argue that the express warranty replaces the implied warranty. Florida courts have been inconsistent on whether express warranties effectively limit implied warranty claims. The safest approach for buyers is to review any express warranty carefully and understand that it may not eliminate all implied warranty protections.

Implied Warranty of Habitability: Habitability Florida

Implied Warranty of Habitability in Florida

What the Warranty Covers

Scope and Limitations

Builder Disclaimers

Related Terms

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